Sentry Insurance v. Miller

MEMORANDUM OPINION

ALBRITTON, District Judge.

Before the court are cross motions for summary judgment in a declaratory judgment action filed by an insurance company seeking a determination of its rights and obligations under a homeowner’s insurance policy. The parties agree that resolution of the cross motions for summary judgment will finally determine this case. For the reasons stated below, the court finds that summary judgment for each party is to be granted in part and denied in part. A separate order will enter judgment consistent with this opinion.

PROCEDURAL HISTORY

On January 6, 1995,…